Opinion
5587N
December 11, 2001.
Order, Supreme Court, New York County (Charles Ramos, J.), entered on or about July 3, 2001, which, insofar as appealed from, granted defendants' motion to strike plaintiffs' jury demand, unanimously affirmed, without costs.
Michael S. Cole, for plaintiffs-appellants.
Arnold J. Ross, for defendants-respondents.
Before: Rosenberger, J.P., Williams, Tom, Mazzarelli, Ellerin, JJ.
Plaintiffs' jury demand was properly stricken since determination of all but the second of their four causes of action in this action arising out of the parties' joint venture will "'imperatively require'" examination of the joint venture's accounts (CPLR 4101;see, Murphy v. American Home Prods. Corp., 136 A.D.2d 229, 233-234;Non-Linear Trading Co. v. Braddis Assocs., 243 A.D.2d 107, 115). Since defendants did not serve a notice of appeal or cross appeal, we decline to consider the claimed points of error they presently raise.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.